HomeMy WebLinkAbout06 - Award Contract No. 3449- Sunset Ridge Park - CorrespondenceCO N STRU CTI O N
License # 927544
December 6, 2013
City of Newport Beach
Andy Tran, P.E.
100 Civic Center Drive
Newport Beach, CA 92660
Project: Sunset Ridge Park, Project No. 3449
Subject: BID PROTEST
Bid Date: November 27, 2013
-eived After Agenda Printed
Dnda Item No. 6
10 -13
This letter is in regards to the validity of the proposal and the capacity of the Apparent First Low
Bidder, Environmental Construction, Inc., and the Apparent Second Bidder Horizons
Construction Co. to perform the work. After careful review of the proposal, l discovered a few
discrepancies and omissions which in turn, would deem the apparent low first bidder and
apparent second low bidder, non - responsive.
Public Contract Code section 4104 Specification in Bid of Information about Subcontractors,
requires a general contractor when listing a subcontractor to list the Name and the Location of
the place of business of each subcontractor who will perform work or labor or render service to
the prime contractor. On page 9 Designation of Subcontractors, it clearly states to list the Name
and business address and item of work. Environmental Construction failed in listing any
subcontractors for the Modular Wall, therefore the contractor will self - perform this scope of the
project. By signing page 9, Designation of Subcontractors, the Contractor represents that he /she
is fully qualified to and will be responsible for performing that portion of work.
On 11/26/13 an email was sent from the City regarding the modular retaining wall making the
product available to all pre -bid meeting attendees. That e-mail did not change the required
qualifications on the Modular Wall which states on spec section 323223(02$30) Modular
Concrete Retaining Wall page 2 of 11 Section 1.05 Quality Assurance
A. Contractor shall submit certification, Prior to start of work, that the retaining wall system
(modular concrete units and specific geosynthetic):
1. Has been successfully utilized on a minimum of five (5) similar projects that correspond
in height, soil fill types, erection tolerances, etc.; and
2. Has been successfully installed on a minimum of 1 million square feet (93,000m2) of
retaining walls.
316 N. Corona Ave., Ontario, CA 91764
Phone: 909.457.8260 / Fax: 909.457.8261
CONSTRUCTION
License # 927544
B. Contractor shall submit a list of five (5) previously constructed projects of similar size
and magnitude by the wall installer where the specific retaining wall system has been
constructed successfully. Contact names and telephone numbers shall be listed for each
project.
C. Contractor shall provide evidence that the design engineer has a minimum of five years
of documentable experience in the design for reinforced soil structures. The design
engineer shall provide proof of current professional liability insurance with an aggregate
coverage limit of not less than $1,000,000.
The modular retaining wall requires the capacity and experience to install. It's not the same as
installing a typical CMU block retaining wall. At bid time there was a multitude of qualified
installers that provided a bid for this scope and Environmental has no excuse not to have listed a
qualified installer. KASA Construction listed the specified Certified Installer Soil Retention
Systems.
This alone should render Environmental Construction Non - Responsive. The above stated
discrepancies and omissions are major disqualification elements and of the rule that
inconsequential irregularities may be waived if such a waiver would not provide the bidder with
an unfair competitive advantage is moot. These discrepancies and omissions cause an immense
unfair advantage to Environmental Construction and should not be considered for award.
In any Public Contract unless specified a specialty item, which none were specified the
Contractor shall perform or provide, with its own organization, contract labor, materials, and
equipment amounting to at least (50) percent of the Contract Price. The apparent second low
bidder listed 14 subcontractors with a combined total percentage amount of 58 %. This alone
renders Horizons Construction as non - compliant and should be deemed non - responsive.
Furthermore, on page 4 of the Instructions to Bidders note 6. States, `Bids are to be computed
upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by
the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail
over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the
correct multiplication will be computed and the bids will be compared with correctly multiplied
totals." Horizons wrote in Zero for many of the schedule bid items. This in turn makes the
proposal invalid because per spec the wording shall prevail. This renders Horizons bid as non-
responsive.
KASA Construction respectfully requests that the City of Newport Beach considers the above
findings and makes a fair determination in making Environmental Construction and Horizons
Construction be deemed non - responsive. If there is any additional information needed, please do
not hesitate to call me at the number below.
KASA Construction has extensive experience in this line of work and is anxious to begin the
project.
316 N. Corona Ave., Ontario, CA 91764
Phone: 909.457.8260 / Fax: 909.457.8261
CONSTF2U CTIED"
Visit wvw-w.KASAconstruction.com
Sincerely,
4.lcctor Zavala
Estimator
KASA Construction, Inc.
C.c. City Clerk
License # 927544
316 N. Corona Ave., Ontario, CA 91764
Phone: 909.457.8260 I Fax: 909.457.8261